More broadly, the National Emergencies Act’s limits need to be clarified - it was a mistake not to enumerate the limits to the President’s powers and it’s led to an increasing Presidential power grab (by both sides)… SCOTUS might use this opportunity to do just that as well.

I was thinking about this earlier - and I really hope that they do.

I made a post about it - but now I see you beat me to it by half a day or so.

Roberts if anything will side with libs. Gorsuch will have his own reasons.

If you want to get into his head a bit he did write this.

JUSTICE GORSUCH, concurring in part and concurring in the judgment. Vague laws invite arbitrary power. Before the Revolu­tion, the crime of treason in English law was so capa­ciously construed that the mere expression of disfavored opinions could invite transportation or death. The founders cited the crown’s abuse of “pretended” crimes like this as one of their reasons for revolution. See Declaration of Independence ¶21. Today’s vague laws may not be as invidious, but they can invite the exercise of arbitrary power all the same—by leaving the people in the dark about what the law demands and allowing prosecutors and courts to make it up.
The law before us today is such a law. Before holding a lawful permanent resident alien like James Dimaya sub­ject to removal for having committed a crime, the Immi­gration and Nationality Act requires a judge to determine that the ordinary case of the alien’s crime of conviction involves a substantial risk that physical force may be used. But what does that mean? Just take the crime at issue in this case, California burglary, which applies to everyone from armed home intruders to door-to-door salesmen peddling shady products. How, on that vast spectrum, is anyone supposed to locate the ordinary case
and say whether it includes a substantial risk of physical force? The truth is, no one knows. The law’s silence leaves judges to their intuitions and the people to their fate. In my judgment, the Constitution demands more.

Vague laws invite arbitrary power.

We’re also seeing it unfold throughout bureaucracy…which leads to abuse we are witnessing.